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Author: Columbia River Inter-Tribal Fish Commission
Publisher:
ISBN:
Category : Fishery law and legislation
Languages : en
Pages :
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This compilation of federal court decisions relevant to treaty fishing rights on the Columbia River was prepared by the Columbia River Inter-Tribal Fish Commission for the purpose of informing decision makers and the public about the law supporting and interpreting the fish provisions of the treaties. It is not intended to be inclusive inlight of the immense amount of litigation on this subject which has been initiated in the federal courts at all levels. Persons wishing to review other cases relevant to these matters may wish to obtain copies of other cases cited in these attached decisions from a law library.
Author: Columbia River Inter-Tribal Fish Commission
Publisher:
ISBN:
Category : Fishery law and legislation
Languages : en
Pages :
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Book Description
This compilation of federal court decisions relevant to treaty fishing rights on the Columbia River was prepared by the Columbia River Inter-Tribal Fish Commission for the purpose of informing decision makers and the public about the law supporting and interpreting the fish provisions of the treaties. It is not intended to be inclusive inlight of the immense amount of litigation on this subject which has been initiated in the federal courts at all levels. Persons wishing to review other cases relevant to these matters may wish to obtain copies of other cases cited in these attached decisions from a law library.
Author: United States. Congress. Senate. Committee on Interior and Insular Affairs. Subcommittee on Indian Affairs
Publisher:
ISBN:
Category : Fishery law and legislation
Languages : en
Pages : 262
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Considers (88) S.J. Res. 170, (88) S.J. Res. 171.
Author:
Publisher:
ISBN:
Category : Fishery law and legislation
Languages : en
Pages : 484
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Author: Robert E. Lindekugel
Publisher:
ISBN:
Category : Fish habitat improvement
Languages : en
Pages : 242
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"This compilation of federal court decisions relevant to treaty fishing rights in the Columbia River Basin was prepared by the Columbia River Inter-Tribal Fish Commission to inform decision makers and the public about the law defining the scope of those treaty rights. These decisions consider whether the treaty fishing right includes the right to have fishery habitat protected from despoilation caused by logging, agriculture, and hydro-power development in the Basin. It is not intended to be inclusive in light of the amount and complexity of the litigation initiated in the federal courts on this subject. Copies of other cases cited in these attached decisions can be obtained from a law library"--Page [i].
Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment
Publisher:
ISBN:
Category : Fisheries
Languages : en
Pages : 344
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Author: Michael C. Blumm
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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In the mid-nineteenth century, as the pace of American westward expansion accelerated and tension between white settlers and indigenous tribes mounted, the federal government convinced many Pacific Northwest tribes to enter into treaties that would facilitate white settlement. In exchange for cession of millions of acres of their homeland, the tribes retained the right of taking fish at all usual and accustomed places in common with white settlers. In the 1905 case United States v. Winans, the United States Supreme Court explained that the treaty fishing right constitutes a "servitude upon every piece of land." We have described this servitude as a "piscary profit," a familiar property right at common law that must be exercised free from unreasonable interference. While the universally shared assumption at the time the treaties were signed was that the salmon resource was inexhaustible, in fact the salmon have been in precipitous decline since the late-1800s. This scarcity bred conflicts, which have forced the tribes to enforce their treaty fishing right in the courts for over a century. This article explores the history and contours of the treaty fishing right from 1905 to present, tracing the evolution of the federal courts' understanding that implied within the fishing right is a right of access, a right to a fair share of the salmon harvest, and a right of habitat protection. In particular, the article examines the 2007 Culverts Case, in which Judge Ricardo S. Martinez resoundingly affirmed that the treaty fishing right prohibits habitat-damaging activities that preclude tribes from earning a moderate living through fishing-in this case, the state of Washington's construction and maintenance of fish passage-blocking culverts. The article concludes that not only is Judge Martinez's decision the logical progeny of over a century's worth of precedent, the result is consistent with common law principles of profits. In the end, the Martinez Decision represents the most important treaty fishing rights decision in decades, with the potential to rectify a fundamental unfairness in treaty fishing rights law, which previously provided access to fisheries, allocated harvest shares, and yet allowed destruction of the salmon resource, the central consideration of one of the largest real estate transactions in history.
Author: United States. Congress. Senate. Select Committee on Indian Affairs
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 198
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Author: Elizabeth B. Bazan
Publisher:
ISBN:
Category : Fishery law and legislation
Languages : en
Pages : 46
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Discussion concentrates on the states of Michigan, Washington, and, to a lesser extent, California.
Author: United States. Congress. Senate. Committee on Interior and Insular Affairs
Publisher:
ISBN:
Category : Fishery law and legislation
Languages : en
Pages : 256
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Author: Fay G. Cohen
Publisher: Seattle : University of Washington Press
ISBN: 9780295962689
Category : Law
Languages : en
Pages : 229
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